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II Treaty Interpretation and Other Treaty Points, Division B: Other Treaty Points, Ch.II: Conditions of the Formation of Agreement

From: The Law and Procedure of the International Court of Justice: Fifty Years of Jurisprudence Volume II

Hugh Thirlway

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 29 June 2022

Subject(s):
International courts and tribunals, decisions — State succession, international agreements — Treaties, conclusion — Treaties, reservations and declarations
In the earlier article in this series, it was observed that ‘[i]n general, the formality of a treaty as an instrument for embodying or recording consent renders superfluous any enquiry into the steps by which its precise terms were arrived at’, and it was suggested that for this reason ‘the familiar common-law concepts of offer and acceptance, the backbone of the law of contracts, usually have no role to play in the law of treaties.’18 Some exceptions to this were noted, including the jurisdictional problems in the Monetary Gold case. A further situation in which...
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